What is the definition of wilful misconduct?

Saskatchewan, Canada


The following excerpt is from Anaka v. Moody, 1969 CanLII 586 (SK QB):

In Graham v. Belfast & Nor. Counties Ry. [1901] 2 IR 13, Johnson, J. made the following enlightening statement (at p. 19): “ * * * wilful misconduct in such a special condition means misconduct to which the will is party as contra-distinguished from accident, and is far beyond any negligence, even gross or culpable negligence, and involves that a person wilfully misconducts himself who knows and appreciates that it is wrong conduct on his part in the existing circumstances to do, or to fail, or omit to do (as the case may be), a particular thing, and yet intentionally does, or fails or omits to do it, or persists in the act, failure, or omission regardless of consequences.”

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